Allentown mayor disputes DA's points in latest blunt letter

Afflerbach writes to Martin that police "are employed by the city, not by the county and not by you.'

October 08, 2002|By Bob Wittman Of The Morning Call

The war of letters between Allentown Mayor Roy C. Afflerbach and Lehigh County District Attorney James B. Martin continued Monday even as the mayor took a step toward cooperation by inviting the district attorney to call him on his cell phone.

In a two-page letter carried to Martin's office by the mayor's secretary, Afflerbach disputed point by point many of Martin's recent criticisms of Allentown's police administration, including the district attorney's claim that he "trumps" the mayor on issues of law enforcement.

"Allentown police officers are employed by the city, not by the county and not by you," Afflerbach wrote. "They are directed by Chief of Police Stephen Kuhn, who is directed by me."

On Monday night, Martin said the mayor's letter was "silly and ridiculous" and picked it apart, paragraph by paragraph. But he did say he would contact Kuhn after the trial of two men charged in the homicide of a shopper in the Lehigh Valley Mall parking lot, a case he is personally prosecuting.

Martin acknowledged that his use of the word "trump" might have been arrogant, but he continued to insist that Kuhn "is also directed by me when it comes to law enforcement policy."

Martin and Afflerbach have been lashing each other by letter and in statements to reporters about the management of the Police Department and the conduct of some of its officers.

Fermenting behind the scenes for weeks, the rift was exposed publicly eight days ago when the mayor announced the resignation of police Inspector Paul Ruffolo, one of the department's two designated spokesmen, and directed reporters thereafter to get information about breaking crime stories from the district attorney.

In letters to Kuhn on Sept. 12, 27 and 30, Martin slammed the police for being too loose with information disclosed to reporters.

Afflerbach also took exception to Martin's admonishment of Inspector Juan Espinal in another Sept. 27 letter for allowing newspaper editor and publisher Ricardo Montero to briefly ride in his patrol car.

Montero is awaiting sentencing on two sex charges, including one involving a 16-year-old girl, something Espinal did not know when he agreed to pose for pictures for Montero's El Torrero, a Spanish-language biweekly.

"Are you suggesting that no police officer should speak with a resident who approaches him until the officer conducts a criminal check on the individual?" Afflerbach asked in his letter.

"The inspector was cozying up to a guy facing some serious charges," replied Martin. "I just pointed out, "Hey, I think it's stupid.' I'll stand by that comment."

Afflerbach also took exception to Martin's demand that police clear an expanded list of crimes through the district attorney's office before they file charges in arrests. Previously, homicides and only the most serious offenses needed the district attorney's go-ahead.

"Do you intend to have one or more of your assistants available on a 24/7 basis, or are local police supposed to baby-sit the people they have arrested until your normal duty day begins?" Afflerbach asked.

Martin said expansion of the list is necessary for a couple of reasons, including the need to decide whether to pursue firearms and drug arrests as state or federal charges.

The district attorney said that too often in important cases his office doesn't learn a charge has been filed in an arrest until his staff receives a hearing transcript from the district justice.

Martin said that in some other counties, such as Montgomery and Philadelphia, the list for prior reporting is even more extensive.

"The fact that the mayor would complain about it just astonishes me," said Martin. "He is clueless when it comes to law enforcement."

The mayor's letter continued: "Have we been overworking your office? Are we hauling in too many drug dealers for you to prosecute? How does slowing down processing those who have been arrested improve public safety?"

Martin said, "I'm surprised that a mayor of a city would even pose questions like this. It's so blatantly stupid."

Afflerbach also wondered if the additional processing will add costs to the police budget.

"If we need to hire additional officers and/or expand our holding facilities in order to baby-sit those whom we have apprehended engaging in criminal conduct, pending your permission to file charges, we will do so," Afflerbach wrote. "If we need to levy a "Martin' tax increase for this express purpose, we will also do so."

Martin said an assistant district attorney is always on call, available by cell phone through the county Communications Center, for such clearances.

Afflerbach told Martin that hereafter, in the interests of timeliness and efficiency, all requests of the district attorney to the Police Department should be routed to Executive Assistant Chief Joseph Blackburn. The mayor also said the Police Department would reinstitute open lines of communication with the public and news organizations.